Enforcement (Malaysian Immigration Department)

Functions Enforces the Immigration Act 1959/63 (Act 155), the Passports Act 1966 (Act 150), the Immigration Regulations 1963 and the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670). Carries out operations and arrests/rescues, conducts investigations, prosecutions, manages detention and deports/repatriates detainees.

When do you need to deal with Malaysian immigration enforcement?

You may contact the Malaysian Immigration Enforcement Department in the following situations:

You are a non-Malaysian and:

Staying in Malaysia longer than the approved period;

Staying in Malaysia beyond the approved period

Staying in Malaysia beyond the permitted period is a violation of Section 15(1)(c) of the Immigration Act 1959/63 and an offence under Section 15(4) of the same Act.

1. Requirements

When dealing with the Malaysian Immigration Enforcement Department, please bring along originals and copies of the following documents:

i. Passport/travel document (all pages intact);

2. Police report (if passport is lost);

3. Any evidence of overstay;

iv. Air ticket/bus/boat ticket (departure within 7 days)

2. Additional requirements for employers

i. The employer must accompany the employee;

2. Cover letter (Company);

3. Business license/company registration;

iv. ID card (personal card/yellow card/staff card);

v. Memorandum reference of BPA / VPP / BPP / MIDA (if applicable)

Notice:

Foreign Workers Division, Immigration Department of Malaysia

Employment Pass Division, Immigration Department of Malaysia

Visa, Pass and Permit Division, Immigration Department of Malaysia

MIDA-Malaysian Industrial Development Authority

3. Crime

Section 15(1)(c) of the Immigration Act 1959/63 (Act 155).

Residing in Malaysia after the pass/permit has expired or been revoked.

4. Punishment

Section 15(4) of the Immigration Act 1959/63 (Act 155) provides for a fine of not less than RM10,000 or imprisonment for a term not exceeding five years, or both.

complex

The compounding penalty is an alternative punishment for this offence. It was made under the Immigration (Compounding Offences) Regulations 2003 under the powers conferred by section 54 of the Immigration Act 1959/63 (Act 155).

Do not have a valid pass/permit to stay in Malaysia;

You do not have a valid pass or permit to stay in Malaysia

Under Section 6(3) of the Immigration Act 1959/63 (Act 155), it is an offence to reside and remain in Malaysia without a valid pass or permit. This is in violation of Section 6(1)(c) of the Act.

Necessary steps to take:

i. Immediately surrender to the Enforcement Division of the Immigration Department of Malaysia;

2. Do not use the services of middlemen or agents;

3. Cooperate fully in investigating and recording the immigration officer’s statements.

Offence : Section 6(3) of the Immigration Act 1959/63 (Act 155). It is a criminal offence to reside in Malaysia (non-Malaysian citizen) without a valid pass or permit

Punishment : On conviction, to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding 5 years, or to both, and to caning not exceeding 6 times.

Lost your passport/travel document in Malaysia;

Lost Passport/Travel Document in Malaysia

1. Necessary steps to take:

• Immediately surrender to the Enforcement Division of the Malaysian Immigration Department;

• Bring items according to the checklist

• Do not use the services of unauthorized intermediaries or agents;

• Cooperate fully in investigating and recording statements made by immigration officers.

2. Requirements

When dealing with the Malaysian Immigration Enforcement Department, please bring along originals and copies of the following documents:

• Passport number/copy of lost passport/travel document;

• New passport/travel document;

• Police reports;

• Airplane/bus/boat ticket (departure within 7 days)

3. Additional requirements:

• Proof of entry (pass/ticket/passenger list);

• Embassy certificate;

• Copies of past/previous documents (if any);

• Reference memorandum of BPA/BPP/VPP/MIDA (if applicable).

4. Payment:

Special pass. Can it be reissued after paying RM100?

Note: BPA - Foreign Workers Department, Immigration Department of Malaysia - Employment Pass Department, Immigration Department of Malaysia - Visa, Permit and Permit Department, Immigration Department of Malaysia - Malaysian Industrial Development Authority

Violation of the conditions of the pass/permit: Remaining in Malaysia after the pass or permit has been revoked by the Director-General of Immigration of Malaysia;

Remaining in Malaysia after having his/her pass or permit revoked by the Director-General of Immigration of Malaysia

Possible actions include:

1. Immediately surrender to the Enforcement Division of the Immigration Department of Malaysia;

2. Do not use the services of middlemen or agents; cooperate fully in the investigation and recording of the immigration officer’s statements.

crime:

Section 9 of the Immigration Act 1959/63 (Act 155) provides for: entering and remaining in Malaysia after the pass or permit has been revoked by the Director of Immigration of Malaysia.

punish:

Upon conviction, the offender may be fined not more than RM10,000 or imprisoned for a term not exceeding 5 years, or both.

Possessing any false or altered entry permit, pass or certificate, or being involved in the making, forging or altering of an endorsement or document;

Possessing any entry permit, pass or document that is false or altered, or being involved in the making, forging or altering of an endorsement or document

Any entry permit, pass, domestic travel document or certificate used or held without legal authority is false, illegally altered or forged

unusual, or that any such other document issued in connection with any such endorsement has been forged or tampered with, contrary to section 56(1)(l) of the Immigration Act 1959/63 (section 155) and section 12(1)(a) of the Passports Act 1966 (section 150).

punish

Section 56(1)(aa) of the Immigration Act 1959/63 (Act 155).

Upon conviction, the offender is liable to a fine not exceeding RM10,000 or imprisonment for a term not exceeding 5 years.

or

Passports Act 1966 (Act 150)

Upon conviction, the offender may be fined not more than RM10,000 or imprisoned for a term not exceeding five years, or both.

An activity is being carried out that is in violation of the conditions of the issue of the pass or permit;

Regulation 39(b) of the Immigration Regulations 1963.

crime:

Violation of the conditions of a pass, permit or border pass

punish:

Upon conviction, the offender shall be liable to a fine not exceeding RM1,000 or to imprisonment for a term not exceeding six months, or to both.

Deemed as a prohibited immigrant by the Malaysian Immigration Department;

Ban on immigration

• A prohibited immigrant is one who, in the opinion of the Director,

• Whether a person is a member of any prohibited class as defined in subsection (3) and is not a citizen, is subject to an exemption granted under section 55

• A prohibited immigrant who falls within a prohibited category as specified in paragraph (3)(o) shall not enter Malaysia, or a prohibited immigrant who, after entering Malaysia, becomes a member of such prohibited category shall not remain in Malaysia; and any other prohibited immigrant shall not enter Malaysia unless he holds a valid pass issued to a prohibited immigrant under specific regulations made under this Act.

3. The following persons are listed as prohibited immigrants:

• Any person who cannot prove that he is able to support himself and his dependants, if any, or that he has definite employment awaiting him, or that he is likely to become a beggar or a public charge;

• Any person who suffers from a mental disorder or mental defect, or is suffering from a communicable disease which makes him a danger to the community in Malaysia;

• Those who refuse to undergo a medical examination after being requested by the Immigration Department

• Any person who has been convicted of any offence in any country or state and sentenced to imprisonment for any term without being granted a free pardon and who, by reason of the circumstances connected with the conviction, is regarded by the Director-General as an undesirable immigrant;

• Any prostitute or person living by prostitution or receiving the proceeds of prostitution, or any person who lived by prostitution or received the proceeds of prostitution before entering Malaysia

• Anyone who solicits or attempts to bring into Malaysia any prostitute, woman or girl for the purpose of prostitution or other immoral purposes;

• Tramp: a vagabond or habitual beggar;

• Any person who has entered Malaysia unlawfully under this Act or any written law for the time being in force;

• Anyone who believes in or advocates the overthrow of any government, constituted law or authority in Malaysia by force or violence, or who disbelieves in or is opposed to the existing government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;

• Any person who is a member of or affiliated with any organization that entertains or teaches disbelief in or opposition to the existing government, or advocates or teaches the need to unlawfully attack or kill any official, specifically or generally, or any government of Malaysia or any existing government

• is considered by the Minister to be an undesirable immigrant due to reliable adverse information obtained from any source, any government, through official or diplomatic channels;

• Any person who has been deported from any country or state on the grounds of deportation and who, by reason of circumstances connected therewith, is considered by the Director-General to be an undesirable immigrant;

• A person who is required by written law to possess a valid travel document but fails to possess a valid travel document or possesses a forged document;

• Dependents and relatives who are prohibited from immigration;

• A member of a class of persons whose pass or permit has been ordered to be cancelled.

4. The burden of proof for a person claiming that he is not a prohibited immigrant seeking to enter Malaysia shall be on that person

5. Except in case of exemption granted under Section 55, any prohibited immigrant who enters Malaysia except in accordance with a valid pass lawfully issued to him shall be in violation of this Act.

6. Any person who, except a prohibited immigrant as provided for in subsection (3)(o), is the holder of a permit issued to him under this Act and who, after his arrival in Malaysia, is refused entry on the ground that he is a prohibited immigrant, may appeal to the Minister within such time and in such manner as may be prescribed and the decision of the Minister shall be final:

Notwithstanding the provisions of sections 24 and 26, any person who appeals against such refusal shall be permitted to disembark and shall be detained at the immigration station until the determination of his appeal unless he is released on a permit issued by the Director on recognizances or on such other grounds as he thinks fit.

In certain cases, appeals from persons in East Malaysia are at paragraph 11. Section 6(1)(a)(5) and (6) of the Immigration (Transitional Provisions) Order 1963 (FLN 226/63).

Involvement in human trafficking and migrant smuggling

1. Human trafficking

Human trafficking refers to any act that involves the acquisition or the retention of employment or service of a person through coercion, and includes the act of recruiting, transporting, transferring, protecting, providing or accepting a person for the purpose of exploitation.

Exploitation refers to any form of sexual exploitation, forced work or services, slavery, practices similar to slavery, or any activity that contravenes the law or human organ transplants (Section 2 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007)

2. Smuggling of Migrants

Smuggling of migrants means arranging, facilitating or planning, directly or indirectly, any unauthorised entry into or through a country, or an unauthorised exit of those who are not citizens or permanent residents of that country. It also means either knowing or having reason to believe that the entry or exit process of that person is not valid. It is the recruiting, transporting, transferring, concealing, harbouring or providing any assistance or services for the purpose of performing the acts referred to above. (Section 2 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007)

3. ENFORCEMENT AGENCY

Royal Malaysia Police

Tel. No.: 603 – 2115 9999

Immigration Department Malaysia -

Tel. No.: 603 – 8880 1298

Tel. No.: 603 – 8880 1555 / 1556

Royal Malaysian Customs Department

Tel. No.: 603 – 8882 2101

Malaysian Maritime Enforcement Agency

Tel. No.: 603 – 8943 4001

Participating as a guardian/employer in employing/harbouring illegal immigrants on the premises;

Section 55B of the Immigration Act 1959/63

The act of employing non-citizens or persons holding an Entry Permit without a valid pass.

punish:

Each illegal immigrant employed shall be liable to a fine of not less than RM10,000 but not more than RM50,000 or to imprisonment for a term not exceeding 12 months, or to both. Any person who employs five or more illegal immigrants at the same time shall be liable to imprisonment for a term of not less than six months but not more than five years and to caning for not more than six times.

---

Section 56 (1)(d) of the Immigration Act 1959/63

A person must not knowingly harbour any person whom he knows or has reasonable grounds to believe has committed an offence under the Immigration Act 1959/63.

punish

Harboring illegal immigrants can be fined between RM10,000 and RM50,000. Harboring five or more illegal immigrants at the same time can result in a prison sentence of between six months and five years and up to six strokes of the cane.

Section 55E of the Immigration Act 1959/63

Any person who allows an illegal immigrant to enter or remain on premises in which he has a direct interest and control as a supervisor or manager (occupier).

punish

Each illegal immigrant shall be liable to a fine of not less than RM5,000 but not more than RM30,000 or imprisonment for a term not exceeding 12 months, or both. For the second offence, a fine of not less than RM10,000 but not more than 2 years, or both.

Have a child born in Malaysia but do not have a valid Malaysia Pass or Residence Permit.

All foreigners residing in Malaysia, including children, must hold a valid pass or permit issued to him legally. In such cases, if Section 6(3) of the Immigration Act 1959/63 (Act 155) is violated, the person would be an illegal immigrant under Section 8(3)(h) of the same Act and face legal action and risk of deportation from Malaysia.

If your child falls into this category, here’s what you must do:

1. Immediately report to the Enforcement Division of the Immigration Department of Malaysia;

2. Do not use the services of middlemen or agents;

3. Please bring the following items (original and copy):

• Birth certificate (SPC);

• Passport/travel document for newborn children;

• Police report (in case of lost passport);

• Flights/buses/ferry out of Malaysia (departure within 7 days).

4. Cooperate during investigations and record statements made by immigration officers.

Section 6 (1)(c) of the Immigration Act 1959/63

Residing in Malaysia without a valid pass/permit.

punish

Section 6(3) of the Immigration Act 1959/63 (Act 155).

A fine not exceeding RM100,000 or imprisonment for a term not exceeding 5 years or both and may be punished with caning not more than 6 times.

complex

Compounding is another penalty for an offence. It was made under the Immigration Regulations (Compounding Offences) 2003 under the powers conferred by section 54 of the Immigration Act 1959/63 (Act 155).

---

[Other offences subject to compounding...]

Additional requirements for parents:

1. Parents attend with their children;

2. Passport/travel document of mother or father;

3. Parents’ marriage certificate;

4. Citizenship certificate issued by the embassy;

5. BPA/BPP/VPP/MIDA Reference Memorandum (if applicable)

Remark:

BPA-Foreign Workers Division, Immigration Department of Malaysia, BPP Employment Pass Section, Immigration Department of Malaysia

VPP - Visas, Passes and Permits Division, Immigration Department of Malaysia

MIDA-Malaysian Industrial Development Authority